Professional Documents
Culture Documents
____________________________________
)
P.G.G., )
)
PLAINTIFF for herself and on behalf of )
All Others Similarly Situated, )
) Civil Action
) FILE NO: ______________
)
v. ) JURY TRIAL DEMANDED
)
)
HOUSTON NFL HOLDINGS, L.P. D/B/A )
HOUSTON TEXANS and ALTOVISE )
GARY, )
)
DEFENDANTS. )
____________________________________)
NOW COMES, PLAINTIFF P.G.G. on behalf of herself and all others similarly
(“Coach Alto”) (collectively “Defendants”), for cause of action and would show the
Court as follows:
I. INTRODUCTION
worked but not recorded or paid (“off-the-clock work”), failure to pay minimum wage
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and failure to pay overtime compensation. In addition, this case is brought for wrongful
termination in violation of Texas law. These claims are brought under the Fair Labor
Standards Act, 29 U.S.C. § 201 et seq (“FLSA”) and the Texas Labor Code § 101.003.
attorneys’ fees, taxable costs of court, pre-judgment and post-judgment interest for
3. P.G.G. and all others similarly situated demand a jury trial on all issues
1331 to hear this Complaint and to adjudicate these claims because this action involves a
federal question under the FLSA. This court has supplemental jurisdiction over the state
1391 because Defendants operate in this district and because a substantial part of the
III. PARTIES
Plaintiff(s)
County, Texas.
7. At all material times, Named Plaintiff was an individual employee for the
Defendants within the meaning of Section 3(e) of the FLSA, 29 U.S.C. § 203 and the
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8. Defendants employed Named Plaintiff from April 12, 2017 until April 13,
Defendants who work, or have worked, as a cheerleader for the Houston Texans NFL
team.
Defendants
business in Texas. It may be served with process through its registered agent Capitol
Corporation Services, Inc. at its registered office, 206 E. 9th Street, Suite 1300; Austin,
Texas 78701.
11. At all times relevant hereto Houston NFL Holdings was an employer and
covered enterprise as those terms are defined in the FLSA and Texas Labor Code.
Cheerleading squad. Upon information and belief, her place of employment is located at
NRG Stadium, NRG Pkwy, Houston, TX 77054. At all times relevant hereto, Coach Alto
was an employer as those terms are defined in the FLSA and the Texas Labor Code in
that she was responsible for the day-to-day operations of the Houston Texas Cheerleading
Squad, had operational control over the Houston Texas Cheerleading Squad, and
participated in the decisions related to Plaintiffs’ compensation. Coach Alto is jointly and
severally liable with Houston NFL Holdings for the violations of law detailed in this
action.
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14. The class that Named Plaintiff seeks to represent may be described as
follows:
15. At all times relevant to this action, Defendants have been subject to the
16. For purposes of this action, the relevant period is defined as such period
commencing on the date that is three years prior to the filing of this action, and
continuing thereafter.
17. Named Plaintiff, seeks to represent only those members of the above-
described group who, after appropriate notice of their ability to opt in to this action, have
by 29 U.S.C. § 216(b).
18. Those persons who choose to opt in, referred to as the “Plaintiffs’ Class”,
will be listed on subsequent pleadings and copies of their written consents to sue will be
19. This action is appropriate for collective action status because Defendants
have acted in the same manner with regard to all members of the Plaintiffs’ Class.
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V. FACTS
20. The Defendants collectively own, operate, and manage the NFL football
21. The Houston Texans are in the business of promoting and playing
perform and appear at Houston Texans football games and other events promoted or
shoots or apparel fittings, rehearsing at scheduled times, or using a Team owned Twitter
25. Named Plaintiff was to be paid $7.25 for each hour spent providing
26. Although Named Plaintiff was paid for some of the time she spent
working as a Texans Cheerleader, she was consistently not paid for the following
required activities: (1) being required to tweet every 48 hours during the off-season, (2)
being required to tweet multiple times a day during the regular season, (3) being required
matters, (4) being required to respond to emails from the Houston Texans Cheerleaders
(“HTC”) Digital Team and coaches within 10 minutes of any email, Twitter DM,
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GroupMe Message and other digital services, (5) being required to spend multiple hours a
week in the gym, (6) being required to get a spray tan before every game and every
official Texans events, (7) time spent signing thousands of Houston Texans calendars, (8)
multiple required events that were unpaid, (9) hundreds of hours spent traveling to and
from events around the state, (10) being forced to retweet other cheerleaders, tweeting
before every event, tweeting multiple times a game, (11) other activities required by
Coach Alto. Essentially, Named Plaintiff and her fellow Cheerleaders were and are on
call 24/7.
27. During Named Plaintiff’s employment with the Defendants, Plaintiff was
28. Named Plaintiff, and other Houston Texans Cheerleaders, often worked in
excess of 40 hours per week during their employment with the Defendants.
29. Defendants required the Plaintiff and all others similarly situated to
perform work, which routinely required them to work overtime hours as defined by the
FLSA. Defendants failed to pay them overtime compensation as required by the FLSA.
30. Each and every allegation contained in the foregoing paragraphs is re-
31. Named Plaintiff and all others similarly situated are considered non-
exempt employees under the statutory provisions of the FLSA as well as by the
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32. Defendants failed to compensate Named Plaintiff and all others similarly
situated, their entitled pay for all hours they worked in a workweek.
33. Defendants have failed to make a good faith effort to comply with the
FLSA, and have willfully and deliberately sought to evade the requirements of the federal
statute.
35. The Defendants’ conduct was willful within the meaning of 29 U.S.C. §
255(a).
Plaintiff and all others similarly situated for hours worked, but not recorded or paid in a
workweek.
illegal pattern and practice of deceptive and fraudulent accounting practices regarding
compensation due to Named Plaintiff and to all others similarly situated for hours
38. Named Plaintiff and all others similarly situated seek an amount of back-
pay equal to the unpaid compensation for hours worked, but not recorded or paid, from
the date they commenced employment for the Defendants until the date of trial.
39. Named Plaintiff and all others similarly situated further seek an additional
equal amount as liquidated damages, as well as reasonable attorney’s fees and costs as
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40. Each and every allegation contained in the foregoing paragraphs is re-
41. Named Plaintiff and all others similarly situated are considered non-
exempt employees under the statutory provisions of the FLSA as well as by the
42. Defendants failed to compensate Named Plaintiff and all others similarly
43. Defendants have failed to make a good faith effort to comply with the
FLSA’s minimum wage requirement, and have willfully and deliberately sought to evade
45. The Defendants’ conduct was willful within the meaning of 29 U.S.C. §
255(a).
47. Named Plaintiff and all others similarly situated seek an amount of back-
pay equal to the unpaid compensation for hours worked, in which minimum wage was
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not paid, from the date they commenced employment for the Defendants until the date of
trial.
48. Named Plaintiff and all others similarly situated further seek an additional
equal amount as liquidated damages, as well as reasonable attorney’s fees and costs as
49. Each and every allegation contained in the foregoing paragraphs is re-
50. Named Plaintiff and all others similarly situated are considered non-
exempt employees under the statutory provisions of the FLSA as well as by the
51. Named Plaintiff and all others similarly situated are entitled to receive
overtime pay for all hours they have worked in excess of 40 during each seven-day
workweek.
52. Defendants failed to compensate Named Plaintiff and all others similarly
situated, their entitled pay (including overtime pay) for those hours they worked in excess
of 40 per week.
53. Defendants have violated the FLSA by failing to compensate the Named
Plaintiff and all other similarly situated employees overtime pay for all hours worked in
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54. Defendants have failed to make a good faith effort to comply with the
FLSA, and have willfully and deliberately sought to evade the requirements of the federal
statute.
contemporaneous record of the number of hours worked per workweek by Plaintiff and
56. The Defendants’ conduct was willful within the meaning of 29 U.S.C. §
255(a).
and all others similarly situated, overtime pay for hours worked over forty per week.
58. Plaintiff and all others similarly situated seek an amount of back-pay equal
to the unpaid overtime compensation from the date they commenced employment for the
59. Plaintiff and all others similarly situated further seek an additional equal
amount as liquidated damages, as well as reasonable attorney’s fees and costs as provided
by 29 U.S.C. § 216(b), along with pre-judgment and post-judgment interest at the highest
60. Each and every allegation contained in the foregoing paragraph is re-
61. Other employees have been victimized by this pattern, practice, and policy
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62. Thus, from personal knowledge, Named Plaintiff is aware that the illegal
63. Other, similarly situated, employees are being denied their lawful wages.
64. Accordingly, each Defendant’s pattern and practice of (1) failing to pay
employees for “off-the-clock” work, (2) failing to pay employees minimum wage, and (3)
failing to pay the overtime pay (at time and one-half) of employees as required by the
FLSA results from the Defendants’ general application of policies and practices, and does
66. The specific job titles or job requirements of the various members of the
67. All employees, regardless of their job requirements or rates of pay, who
were not compensated for “off-the-clock” work, were not paid the minimum wage, or
were denied overtime compensation for hours worked in excess of 40 per week, are
similarly situated.
69. All current and former Houston Texans Cheerleaders, who at any time
during the three years prior to the date of filing of this action to the date of judgment who
were not compensated for “off-the-clock” work, were not paid the minimum wage, or
were denied overtime compensation for hours worked in excess of 40 per week, are
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70. Defendants cut Named Plaintiff and the other cheerleaders solely in
cheerleaders unlawfully interfered with their right to collectively bargain with their
employer.
72. Named Plaintiffs and several other cheerleaders were all members of the
73. During the 2017 football season, Coach Alto told one Cheerleader that she
74. Before one game during the 2017 football season, Coach Alto took a
cheerleader to a secluded area of the stadium and duct taped her stomach skin underneath
her shorts. Coach Alto then brought that cheerleader in front of the rest of the squad and
showed them how much “better it looks.” At the next practice Coach Alto pulled out a
roll of duct tape and asked said cheerleader if she needed it.
75. After one game during the 2017 football season, Coach Alto entered into
the cheerleader’s locker room wielding scissors and slashing hundreds of balloons, which
spelled out “HTC” (Houston Texans Cheerleaders), merely because one cheerleader
missed a step during a dance, scaring and intimidating many of the cheerleaders.
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76. Throughout the 2017 football season, several cheerleaders reported being
physically assaulted by fans. They reported these assaults to Coach Alto who, to their
knowledge, ever took steps to report the assaults or take steps to insure the cheerleaders’
safety.
77. At one point in the 2017 football season, Coach Alto told a cheerleader of
Hispanic descent that she could not have straight hair and that if she didn’t have curly
78. Coach Alto walked up to a cheerleader and poked her face asking her if
she had gained her “freshman 15” saying she looked like she “ate a plate of salt.”
79. The policies, procedures, and activities of Coach Alto troubled Named
Plaintiff and several other cheerleaders. Early in the 2017 football season, Named
Plaintiff and several other cheerleaders began acting in a concerted manner in an effort to
80. Shortly after the young women began their Protected Activities, Coach
Alto discovered the young women’s actions and began treating them worse then the other
Cheerleaders. For example, after one cheerleader reported Coach Alto to Human
Resources, Coach Alto moved her to the back of every dance and consistently and
aggressively harassed her, although she was arguably the squad’s best dancer.
81. In April of 2018, Named Plaintiff and the other cheerleaders auditioned to
82. In April of 2018, Named Plaintiff and the other cheerleaders who
participated in Protected Activities were all cut from the squad at the last minute during
auditions.
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83. Defendants cut Named Plaintiff and the other cheerleaders solely in
cheerleaders unlawfully interfered with their right to collectively bargain with their
herself and all other similarly situated, respectfully requests that upon hearing, the Court
grant Named Plaintiff, and all others similarly situated, relief as follows:
a. Declare that Defendants have violated the Fair Labor Standards Act,
specifically, 29 U.S.C. § 207, by failing to pay Plaintiff and all others
similarly situated, overtime pay at one and one-half times their regular
hourly rate for all hours in excess of 40 worked during each seven-day
work period, and by failing to compensate employees for work performed,
but not recorded or paid;
b. Order Defendants to pay Plaintiff and all others similarly situated, the
difference between what they should have paid for overtime hours
Plaintiffs worked during the relevant period and what they were actually
paid, as well as compensation for hours worked but not recorded or paid,
together with an equal amount as to liquidated damages.
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Named Plaintiff, and all other similarly situated, make a formal demand for a jury
trial in this matter.
Respectfully submitted,
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